LUDINGTON, Mich. — A judge has refused to recuse himself in the murder trial of accused Baby Kate killer Sean Phillips, and the Mason County prosecutor’s office is appealing the decision.
During a motion hearing Monday morning, Judge Peter Wadel declined to recuse himself from overseeing the trial. Mason County’s other two judges previously recused themselves because they participated as attorneys in related cases.
“We are appealing Judge Wadel’s decision from this morning,” Mason County prosecutor Paul Spaniola told FOX 17 NEWS.
The state court administrator will assign a judge to decide whether Wadel will be recused from the case.
Prosecutors note that Wadel previously heard the preliminary examination as the District Court judge and ruled on the sufficiency of the evidence to charge Phillips with the girl’s murder. They say it constitutes an appearance of impropriety under judicial canons if he presides over the murder trial after previously hearing the evidence at the preliminary examination. That is because during the course of the trial he will be called upon to answer a similar issue to the one he previously ruled upon.
They say the appearance of impropriety is not created merely because he previously dismissed the charge or ruled against the prosecution.
Phillips is the father of “Baby Kate,” who disappeared in July 2011 and was never found.
He is currently serving a 10- to 15-year sentence for unlawful imprisonment in connection with the child’s disappearance. He is appealing the ruling that reinstated the murder charges.
